By santosh

• Apr 16, 2025
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Introduction Trademark

Intellectual property rights allow companies to own their brands, designs, and property. Intellectual property has (Trade Mark, Patent, Design, Geographical Indication, Trade Secret, Copyright ) Company brands and designs are protected by intellectual property rights from unauthorized use or duplication. A trademark is one type of intellectual property right. A trademark is a symbol, word, logo, or design that represents a brand or company. It helps consumers identify and differentiate products or services of one business from another. A trademark acts as a brand’s identity in the market. Different types of trademarks are determined by the way they convey a brand. There are the following types of trademarks:

Word Mark: A word mark is one or more words or letters that identify a brand. Word marks protect the brand name in any font or style. Examples include Google and Nike. Logo Mark: A logo mark is a visual design, symbol, or image that represents a brand. Logos are often used in conjunction with a word mark. Examples include the Apple logo and the Mercedes-Benz star. Tagline or Slogan: A tagline is a catchy phrase or sentence that expresses the brand message or identity. Examples include Nike's "Just Do It" and McDonald's "I'm Lovin' It. Sound mark: A sound mark consists of a unique sound or tune people associate with the brand. Examples would include the Nokia ringtone and the Netflix intro sound. Shape Mark:  Some brands trademark the distinctive shape of their product or packaging. Examples would be the shape of the Coca-Cola bottle as well as the shape of a Toblerone bar.

Importance Of Trademark Registration in India

1. Legal Protection: A registered trademark grants special rights to the owner and prevents others from adopting similar marks that may mislead customers. This protection assists businesses in safeguarding their brand name and reputation.

2. Brand Recognition & Consumer Trust: A trademark assists customers in identifying and distinguishing different products or services. Strong branding with trademarks creates customer loyalty and trust, making a brand stand out in a competitive business market

3. Business Asset & Competitive Advantage: Trademarks are precious assets that contribute to an enterprise's overall value. Popular trademarks can enhance brand value, enhance business value, and attract investors.

4. Prevents Brand Confusion & Imitation: Trademarks guarantee that consumers do not confuse one brand with another. Companies can pursue legal action against counterfeit or similar products, preventing money loss and safeguarding their brand.

5. Global Expansion & Market Presence: Registered trademarks can assist businesses in expanding to global markets. Businesses can register for trademark protection in foreign countries, keeping their branding global.

6. Exclusive Rights to Use & Monetization: Trademark owners have exclusive rights to use their brand in business. They can license or franchise their trademark, creating more sources of income. Some brands, such as Coca-Cola and McDonald's, earn a lot of money by licensing their trademarks.

  Trademark Registration Process in India Step By Step Process updated 2025

1. Trademark Search

According to the Trademark Act 1999, the first step in the filing process of a trademark inIndia is trademark search. The key use of a trademark availability search is to check if the trademark can be used or not. Trademark search is very important for a trademark owner in order to prevent future legal complications. It is not mandatory to make a full trademark availability search, but it minimizes the number of lawsuits. You can perform a trademark search online from the Indian Trademark Registry Database or through our foreign lawyers. There are three main types of trademark clearance searches:

Trade Mark Search Link :

http://tmrsearch.ipindia.gov.in/tmrpublicsearch/frmmain.aspx

  a) Comprehensive Trademark Search:

Comprehensive search tries to rule out all the possible reasons that could be a cause of concern for your trademark. This search is complex and is usually done by experienced lawyers who have access to information from multiple sources.

b) Preliminary Trademark Search:

The main purpose of a preliminary trademark search is to find trademarks which sound or look like the trademark you intend to use. A preliminary search prevents issues like objections, opposition, or infringement in the future. It also enhances your trademark.

c) Trademark Image Search:

This search is particularly designed to check for verification of names, words, or logos.

Identify the Appropriate Trademark Class

classification

There are 45 classes which are used by the Classification system to group goods and services. The first 34 classes are goods and the remaining 11 classes are services. Every class is a specific kind of goods or services, so that trademark examiners can quickly see whether a new trademark will conflict with an existing trademark or not. The orderly process is significant in making trademark registration and protection easy and effective

2. Filing the Trademark Application in India step-by-step

Prepare Your Application: Preparing the trademark application involves gathering all information and documents required. This include information of the applicant, i.e., name, address, and nationality, and information of the trademark, i.e., wordmark, logo, or device mark, and a description of goods or services for registration.

i. Select Your Mode of Filing:

Filing trademarks in India can be online or offline. Online is convenient and generally faster, while offline involves submitting paper copies of documents to the trademark office. You can appoint trademark attorneys to assist you in filing trademarks in India.

ii. Complete Form TM-A:

The official form of registration of trademarks in India is Form TM-A by the Trademark. You can complete this online on the Intellectual Property India website or on paper if you are filing offline. Fill all details correctly and attach with all documents.

iii. Pay the Filing Fees:

Filing fees for a trademark application depend on factors like how you are filing and in how many classes of goods or services you are filing. According to the fee schedule in force, filing online costs typically INR 4,500 per class, while filing offline costs INR 5,000 per class.

Submit the Application: Having filled up the trademark application form and paid the fee, submit the application together with any documents required to the trademark registry. The charges vary based on the applicant type. For small enterprises, start-ups, and individuals, the fee is usually less (around INR 4,500 per class). Large companies might be charged more. Always verify the latest fee details on the IP India portal as such figures can be revised.

iv.  Documentation:

Ensure you include all the supporting documents (like proof of address and identity) as per the guidelines.

Trademark details (name/logo/symbol)

Applicant details (name, address, nationality, and legal status)

Goods or services for which trademark is sought (class details)

Signed Power of Attorney, if one was submitted via legal counsel

Priority documents (for Convention Applications)

Certified copies of the international application (for applications under the Madrid Protocol)

3. Examination of the Application

Once the trademark is filed, a trademark examiner in the trademark office is delegated to verify the application. The examiner examines for any discrepancy or mistake in the filing or application form. This verification is done according to the provisions of the Trademarks Act, 1999. The entire examination process takes around 3-5 months. But you can file your application on form TM-63 to request the examination on priority. The office action provides the choice to either raise an objection or accept the filing to proceed. You need to pay an additional sum of 3000 for physical filing and 2700 for electronic filing to speed up the examination.

Options for the Examiner

If the examiner raises an objection, an examination report is sent to the applicant. The applicant can respond to the office action. A response in the form of trademark examination reply must be returned within a month. If the examiner is still not satisfied, they can request a hearing. If the application is approved, it gets published in the Trademark Journal. Apart from raising an objection or accepting the application, the examiner can also reject the application wholly. This rejection can be for two reasons:

a) Relative Grounds of rejection Relative grounds of rejection under Section 11 of the Trade Marks Act, 1999 occur when a trademark is similar or identical to an already registered trademark. If the new trademark can create confusion among consumers or mislead them about the origin of goods or services, it will be rejected. Additionally, if a trademark tries to take unfair advantage of a well-known brand or damages its reputation, it can also be refused. These rules ensure that no two similar trademarks exist in the market, protecting businesses and preventing consumer deception.

b) Absolute Grounds of rejection Absolute grounds of rejection under Section 9 of the Trade Marks Act, 1999 are reasons why a trademark may be rejected because of its own nature. A trademark can be refused if it is not unique and cannot help people identify the brand. If a trademark only describes the product, like using the word "Sweet" for sugar, it will be rejected. Common or generic terms that everyone uses cannot be registered as trademarks. Additionally, trademarks that are misleading, offensive, or go against the law or public interest will not be approved. The main purpose of these rules is to make sure only distinctive and fair trademarks are protected by law.

4. Trademark Publication

Under the provisions of the Trade Marks Act, 1999, specifically under Section 20 Once your application is approved by the examiner, it is published in the Trademark Journal 

After the application is accepted by the examiner, it will be published in the Trademark Journal which will be retained there for four months. Such an application is advertised so that within the above-mentioned time frame, any third party can see it and if he so desires can oppose the applicant. The Journal is refreshed each Monday with new accepted trademark applications.

Opposition Period:

Once published, there is a four-month Period during which other Third Parties can oppose your registration of a trademark if they believe it infringes on their rights.

Dealing with Oppositions:

In the event of an opposition, you can have to negotiate or go to court to resolve the issue. It is advisable during this period to seek the services of a lawyer. 

Notice Of Opposition

Within 4 months from the date of publication of the application, any aggrieved party can file notice of opposition in Form TM-O. When any third party is of the view that their already existing and prior use trademark is being infringed by the applicant, or the application is being filed in bad faith and if such a trademark is being registered, it will harm the reputation and good will pertaining to the prior trademark of the third party.

Notice of opposition will halt the process of registration and the opposed mark of the applicant under the Trademark Act, 1999, and the applicant have to go through some legal procedure if they wants to go ahead with the registration of the same mark, which includes filing a counter- statement, filing evidence in reference to that counter statement and in some cases it is found that the applicant have to go through hearing as well.

5. Notice Of Opposition

Within 4 months from the date of publication of the application, any aggrieved party can file notice of opposition in Form TM-O. When any third party is of the view that their already existing and prior use trademark is being infringed by the applicant, or the application is being filed in bad faith and if such a trademark is being registered, it will harm the reputation and good will pertaining to the prior trademark of the third party.

Notice of opposition will halt the process of registration and the opposed mark of the applicant under the Trademark Act, 1999, and the applicant have to go through some legal procedure if they wants to go ahead with the registration of the same mark, which includes filing a counter- statement, filing evidence in reference to that counter statement and in some cases it is found that the applicant have to go through hearing as well.

6. Trademark Open to Third Party Oppositions for Four Months

Once a trademark application is approved by the Trademark Registrar, it is then opened to public scrutiny by being published in the Trademark Journal. This publication acts as a notice to the public by informing any interested person or business that if they feel that the trademark would affect their rights in some way, they can oppose it. The opposition period starts from the published date, and is four calendar months long, with the possibility of being extended by one additional month. The opposition to the application can take several forms, and during the opposition period any third-party can oppose the registration stating either that the trademark is similar to an existing registered mark, or that the use would likely lead to confusion in the market, or that it is bad faith registration. If any opposition is filed, both the applications and the party opposing the application provide submissions to the Registrar outlining the merits of their case, and the Registrar ultimately will determine whether or not to accept or reject the trademark. If no one opposes the registration within the four-month period (or the opposition fails), the application will then proceed to registration finalization. This opposition period is significant because it helps to lessen the chance of an unfair or misleading trademark registration being found n and ultimately ensure trademarks are only registered if they are unique and legally practicable.

7. If No Oppositions Are Filed - Pay Final Registration Fee

If no oppositions are submitted during the three-month opposition period (which may be extended by one month), the trademark application will proceed to the next step – Final Registration. The applicant will then have to pay the final registration fee to complete the process. This fee can be made online via the IP India portal using the applicant’s login credentials. When the payment has been made, the Trademark Registry will issue a Trademark Registration Certificate allowing exclusive rights over the mark for 10 years. It is crucial that the fee is paid within the timeframe prescribed to avoid any delays or rejection to the registration process. After the registration process is completed, the trademark is legally protected, and the owner has the right to take action against any infringement. A registered trademark may also be renewed indefinitely every 10 years on payment of the renewal fee.

8. Registration and Issuance of Certificate

The certification trademarks should be registered in the classes of goods or services for which the applicants are certifying. A Statement of Case explaining the grounds for the application—that is, the grounds on which the applicant is entitled to make the application—should accompany a certification trademark application. Observe that every certification trademark application should be accompanied by a draft regulation specifying particular rules in respect of the applicant's right to operate the certification scheme, the characteristics of the mark being certified, the method of verifying the use of the mark, etc. The types of information to be contained in certification trademark applications are defined clearly in the Trade Marks Act of 1999.

If there are no objections—or any objections that have been resolved—the trademark registration process proceeds to:

Issuance of Registration Certificate: The Controller General will issue you a registration certificate, formally granting you the exclusive right to use the mark for the specified goods or services.

Publication of Registration: The registered trademark is published in the Trademark Journal, making it public.

Timeline for Trademark Registration in India

9. Renewal Of a Trademark Application

Trademark renewal is merely the extension of protection of a registered trademark after the initial period of validity has expired. In India, a registered trademark is protected for 10 years from the date of registration, as per Section 25 of the Trade Marks Act of 1999. At the conclusion of the 10 years, the owner is required to apply to renew the trademark in order to maintain their trademark rights. A renewal application may be made using Form TM-R up to one year before the expiration of the protection period. However, if all deadlines are missed, the owner may still apply for up to six months after the expiration deadline, albeit with a late fee.

If the renewal is not completed within this six-month period, the trademark will/can be removed from the register. Renewal maintains the owner's exclusive rights to use the mark and prevents others from using a confusingly similar mark. Further, renewal maintains the protection of the trademark by allowing the owner to bring an action for infringement of the trademark. Finally, trademarks may be renewed indefinitely every 10 years by simply paying the necessary fee. Timely renewals are important for maintaining protection of the brand identity and continued protection in law.

FAQs

Q1. What is the first step to file for trademark registration? A: The first step is to conduct an effective trademark search through the IP India Trademark Search Portal to make sure your mark is novel.

Q2. What is Form TM-A and why is it significant? A: Form TM-A is the official application form for trademark registration in India. It contains all the significant details such as the image of the trademark, information about the applicant, and goods/services classification.

Q3. What is the filing fee for an application for trademark registration? A: For individuals, startups, or MSMEs, it is around ₹4,500 per class if filed electronically (₹5,000 if filed manually). For companies and other entities, it is around ₹9,000 per class (₹10,000 if filed manually).

Q4. How long does the trademark registration process take to complete? A: Without any oppositions, the process takes around 12 to 14 months. In case of objections or oppositions, it may take up to 18–24 months.

Q5. Where can I file my trademark application in India? A: You can file your trademark application online through the IP India e-Filing portal or manually at one of the Trademark Registrar Offices in cities like Mumbai, Delhi, Kolkata, Ahmedabad, or Chennai.

Q6. What if someone opposes my trademark application? A: If someone opposes your application during the publication period, you will have to reply with a counter-statement. A hearing may be arranged to settle the conflict before the trademark can be registered.

Q7. How frequently must a trademark be renewed in India? A: A trademark registered in India is valid for 10 years and can be renewed indefinitely by paying the respective renewal fees.

  Links 

1. 1. 1. IP India Home Page: Visit to the official website for all in India Intellectual Property-related information. https://ipindia.gov.in
      2. Trademark E-Filing Portal: File a trademark application online using this dedicated e-filing portal. https://ipindiaonline.gov.in/trademarkefiling
      3. Trademark Public Search Portal: Conduct a thorough search of existing trademarks to ensure the uniqueness of your mark. https://search.ipindia.gov.in/
      4. Forms and Fees for Trademarks: A complete list of trademark registration forms and the fee structure is available here https://search.ipindia.gov.in/